Manx2 ‘trying to dodge crash responsibilities’

A LAW firm representing a survivor of the Manx2 flight which crashed at Cork Airport has accused the airline of trying to dodge its legal responsibilities to the victims and injured.

Stewarts Law LLP, a London-based specialist aviation law firm hired last week by the family of Mark Dickins, one of six to survive last Thursday’s crash, made the claim after Manx2 said Mr Dickins’s contract was not with them, but with the Barcelona-based company which leased it the aircraft.

On foot of correspondence from James Healy-Pratt, head of aviation at Stewarts Law, Manx2’s legal firm, Appleby, said the company was not the carrier.

Appleby said the aircraft was owned by Airlada and operated by Flightline BCN SL. It said Manx2 acted as a ticket provider or booking office and therefore Mr Healy-Pratt’s client’s contract was with Flightline, and any requests for compensation should be directed to that firm and its insurers.

It prompted Mr Healy-Pratt to issue a hard-hitting statement last night. “It is simply not acceptable for Manx2 to ignore their legal and moral responsibilities to the bereaved and injured in this way,” he said.

He said the law in relation to actual and contracting carriers is very simple.

“Within Europe, all commercial flights are governed by European Regulation, EU889/2002 which implements the provisions of an international aviation treaty called the Montreal Convention,” he said.

“Both the Montreal Convention and European Regulation make one thing very clear; a passenger that suffers death or injury has the right to seek compensation from either the contracting carrier or actual carrier.

“Manx2 are attempting to refute the word of the law and seeking to unload their liability to the families onto Flightline BCN.”

But Manx2 chairman Noel Hayes later issued a statement. “We continue to extend our deepest sympathy to the families of those who lost their lives in Cork and to those who are still recovering from this terrible incident.

“I recognise this is a very difficult time for all involved. In the interest of legal clarity around the issue of liability and insurance at this stage, I can reassure those concerned that the Belfast/Cork service was operated by Flightline BCN and Manx2.com charters all aircraft from only European AOC (Air Operators Certificate) holders under an Aircraft, Crew, Maintenance & Insurance contract.

“These carriers maintain full insurance at or above Civil Aviation Authority minimum levels. This kind of arrangement is common in the aviation industry and ensures the necessary cover for passengers and their families in the event of such awful circumstances.”

The Spanish pilot, Jordi Lopez, was buried yesterday.